KATHMANDU, AUGUST 22
While the government is on the verge of endorsing the Transitional Justice Bill, human rights defenders have expressed serious concern regarding the amendment in the provisions that are flawed and offend the essence of justice.
They have demanded that errors in the bill be rectified before it is tabled in the Parliament. Further, they want the subcommittee formed by the Law, Justice, and Human Rights Committee of the Lower House to prepare the bill from a victim-centred approach.
In the bill, the definition of 'human rights violation' and 'serious violation of human rights', amnesty, judgments and punishments, and prosecution, and the provisions of jurisdiction and appeals of the special court, among others, are seriously flawed, according to experts.
According to the Senior Advocate Dinesh Tripathi, heinous crimes were committed during the conflict era. However, no victim has been given justice.
"This is a matter of national shame. It's no longer restricted to the boundaries of the nation, rather, it has gained the attention of the international arena. Hence, the government is not going to do justice to the victims, despite having the Parliament, judiciary, and executive established on the basis of norms of human rights," said Tripathi. He further said, "The current bill is seriously flawed and must be rectified. Therefore, the government must correct its way to establish Nepal as a credible country in relation to human rights."
They have called upon the lawmakers to pass the bill only after amending these seriously flawed provisions to pave the way for completion of the transitional justice process, which has been in limbo for a long time.
"It's an opportunity for lawmakers to create history by amending laws regarding Transitional Justice to make Nepal a credible country," Tripathi added.
Similarly, Mandira Sharma, senior international legal adviser in the ICJ Asia-Pacific Programme said that if the bill is passed with these amendments, it will allow the government to withdraw cases such as heinous crimes committed by activists and leaders of political parties even if they have violated serious human rights, undermining justice for victims, the rule of law, accountability and judicial independence.
"We have been demanding minimum amendment as per the international commitments and constitutional provisions in our country. However, lawmakers have been continuously failing to fulfil the aspirations of victims by refuting their fundamental rights and human rights," said Sharma.
Another senior advocate Raju Prasad Chapagai said that it has been 17 years, but justice has not been served yet. Hence, it is an examination for lawmakers to rectify their mistakes.
"It has challenged the whole nation. Therefore, it is time to correct our mistakes and show solidarity with our international commitments," he said. "Even less educated people can find shortcomings in the bill. So, let's amend the TRC Bill with wider consensus from the victim-centric approach."
The government cannot go against the spirit of the constitution and justice. Victims have been tortured, murdered, and abducted, while the government formed culprit-centred commissions in the past, according to human rights defenders.
A version of this article appears in the print on August 23, 2023, of The Himalayan Times.
